Aguilera v. Heiman, B206790
In a negligence action, trial court judgment dismissing plaintiff's claim is affirmed where: 1) plaintiff's the claim is time barred by the one-year statute of limitations under Code of Civil Procedure former sec. 340 (3); 2) plaintiff's action was not equitably tolled while he was pursuing his workers' compensation remedy; and 3) the trial court did not abuse its discretion in sustaining the demurrers without leave to amend.
- Decided 05/29/2009
- Published 05/29/2009
- California Court of Appeal
- For Appellant:
- Zukor and Nelson, Abram Charles Zukor and Marilyn H. Nelson, Beverly Hills, for Plaintiff and Appellant.
- For Appellees:
- Law Offices of Bradford L. Treusch and Bradford L. Treusch for Defendant and Respondent Robert P. Heiman., Kulik, Gottesman, Mouton & Siegel, Donald S. Gottesman and David A. Bernardoni, Sherman Oaks, for Defendant and Respondent 2612 Montana Avenue Owners Association.